Commitment and Borrowing. SECTION 2.01 Commitment 30 SECTION 2.02 Loans and Borrowing 30 SECTION 2.03 Borrowing Request 31 SECTION 2.04 [Reserved] 31 SECTION 2.05 [Reserved] 31 SECTION 2.06 Prepayments 31 SECTION 2.07 Reduction and Termination of Commitments 32 SECTION 2.08 Repayment of Loans 32 SECTION 2.09 Interest 32 SECTION 2.10 Benchmark Replacement Setting 33 SECTION 2.11 Evidence of Debt 34 SECTION 2.12 Payments Generally 35 SECTION 2.13 Sharing of Payments 36 SECTION 2.14 Compensation for Losses 36 SECTION 2.15 Increased Costs 37 SECTION 2.16 Taxes 38 SECTION 2.17 [Reserved] 41 SECTION 2.18 [Reserved] 41 SECTION 2.19 Mitigation Obligations; Replacement of Lenders 41 ARTICLE III REPRESENTATIONS AND WARRANTIES SECTION 3.01 Existence, Qualification and Power 42 SECTION 3.02 Authorization; No Contravention 43 SECTION 3.03 Governmental Authorization; Other Consents 43 SECTION 3.04 Execution and Delivery; Binding Effect 43 SECTION 3.05 Financial Statements; No Material Adverse Change 43 SECTION 3.06 Litigation 43 SECTION 3.07 Contractual Obligations; No Default 43 SECTION 3.08 Property 44 SECTION 3.09 Taxes 44 SECTION 3.10 Disclosure 44 SECTION 3.11 Compliance with Laws 44 SECTION 3.12 ERISA Compliance 44 SECTION 3.13 Environmental Matters 45 SECTION 3.14 Investment Company Act 46
Commitment and Borrowing. The Lender agrees to make a loan to the Borrower pursuant to a single drawing in an aggregate principal amount of $1,250,000 in immediately available funds (the “Commitment”) on the date hereof (the “Funding Date”). The Lender shall disburse to the Borrower the full amount of such Commitment on the Funding Date to an account or accounts designated by the Borrower. For the purposes of this Agreement, “Loan” means the loan made by the Lender to the Borrower under this clause (a).
Commitment and Borrowing. Subject to the terms and conditions set forth herein and in the DIP Order, the DIP Lender agrees to make loans (each a “DIP Loan” and, collectively, the “DIP Loans”) to the DIP Borrower during the Availability Period in an aggregate principal amount not to exceed the lesser of (i) the Unused Commitment on the date of funding of such DIP Loan and (ii) $15,000,000 minus the amount (if any) of Available Cash in excess of $3,000,000 on the date of funding of such DIP Loan. The DIP Loans shall be incurred pursuant to one or more borrowings; provided that, each such DIP Loan (x) shall be denominated in U.S. Dollars and (y) shall be in an aggregate principal amount that is (I) an integral multiple of $100,000 and not less than $500,000 or (II) if less, equal to the Unused Commitment minus the amount (if any) of Available Cash in excess of $3,000,000 on the date of funding of such DIP Loan. Amounts repaid under the DIP Facility may be reborrowed pursuant to the terms of this Section 2.
Commitment and Borrowing
